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ESTATE OF SMITH BY SMITH v. UNDERWOOD

No. 437P97.

494 S.E.2d 410 (1997)

The ESTATE OF Ada T. SMITH, By and Through Her Executor, James T. SMITH; Ada Kelly Smith Hines; Jane Elizabeth Smith Yeargan; The Estate of Marie Smith Wallace By and Through Her Executor, James T. Smith; Marvin Simeon Honeycutt, Individually and as Secretary of Smith-S, Inc., Sue Worthington Smith; James Thomas Smith, Individually and as Trustee of the W.H. Smith Trust, as Trustee of the Ada T. Smith Trust, and as President of Smith-S, Inc., and wife Dorothy Cobb Smith, Alfred Lewis Smith, Individually and as Vice President of Smith-S, Inc., and wife, Jean Newkirk Smith; and wife, Jean Newkirk Smith; and Smith-S, Inc., a North Carolina Corporation v. Sam B. UNDERWOOD, Jr.; James G. Sullivan; and John C. Proctor & Company.

Supreme Court of North Carolina.

November 6, 1997.

Attorney(s) appearing for the Case

Mary V. Ringwalt, Raleigh, Robert S. Shields, Jr., New Bern, William E. Moore, Jr., for Sam Underwood.

John Bryant, Raleigh, for Ada T. Smith et al.

Christopher T. Graebe, Raleigh, for Sullivan and John C. Proctor & Co.

Prior report: ___ N.C.App. ___, 487 S.E.2d 807.

ORDER

Upon consideration of the petition filed by Defendant (Underwood) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court...

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